The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 10,000,000.

The above fine shall not be paid by the defendant.

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The judgment defendant has been punished twice as the same criminal act (one time of suspended execution, one time of fine), and again committed the crime of this case during the period of suspended execution.

The alcohol level was 0.150% higher than that of the blood alcohol level.

However, the defendant is going to dispose of the vehicle and not repeat the crime by reflecting the wrongness of the crime.

The Defendant appears to have committed the instant crime while working as the team leader in the company, and there is also a circumstance in which the Defendant is responsible for the livelihood of a middle school student due to negligence after divorce.

In addition, considering the circumstances in which the family members of the defendant want to be faced by the defendant and all of the sentencing conditions shown in the records and arguments, such as the age, character and conduct of the defendant and the environment, the punishment sentenced by the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of facts and evidence recognized by the court is the same as that of each corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Article 70 (1) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;